1.1.

The Present Philippine Correctional Set-Up

1.2. Community-Based Correction Programs in the
Philippines
1.3. Advantages of Community Based Correction
1.4. The Role of Community Corrections in the
Criminal Justice System
1.5. Basic Principles Underlying the Philosophy of
Community-Based Treatment Programs
1.6. Subject Coverage
LEARNING NEVER EXHAUSTS
THE MIND
Introduction to Community
Based Correction
WHAT IS CORRECTION?

 Correction is the branch of the administration of CJS

charged with the responsibility for the custody,
supervision and rehabilitation of convicted offenders.

 It is also define as the STUDY OF JAIL OR PRISON

MANAGEMENT AND ADMINISTRATION as well as
the rehabilitation and reformation of criminals.
WHAT IS CORRECTION?

 Further, it is define as a GENERIC TERM that includes

all government agencies, facilities, programs,
procedures, personnel, and techniques concerned
with the investigation, intake, custody, confinement,
supervision, or treatment of alleged offenders.
 DUAL PURPOSE OF CORRECTIONS

1. To punish – to inflict a penalty or sanction on

someone as retribution for an offense , especially a
transgression of a legal or moral code.

2. To rehabilitate the offender – to restore by training

and therapy after imprisonment, addiction or illness.
 THE CORRECTIONS AS A COMPONENT OF CRIMINAL
JUSTICE SYSTEM

 Correction is the fourth pillar of the PCJS, and identified as

the weakest pillar.

 As field of criminal justice administration , it utilizes the

body of knowledge and practices of the government and
the society in general involves the process of handling
individuals who have been convicted.
 THE CORRECTIONS AS A COMPONENT OF
CRIMINAL JUSTICE SYSTEM

 Among the five pillars of the criminal justice system,

corrections is the least heard, known or understood
society seems to have some reluctant to look at it
although its role in the reformation and rehabilitation of
offenders cannot be overemphasized.
1. The BUREAU OF CORRECTIONS (BUCOR), under the
DOJ; which has supervision over the national penitentiary and
its penal farms;

A. New Bilibid Prison (Muntinlupa City) – is the main insular

designed to house the prison population. It is maintained by
the BuCor and the penitentiary had an initial land area of
551 hectares.
B. Correction Administration for Women (CAW) – is a
women’s prison located in the prison is operated by BuCor, it
is considered as the most recent facility organized by
BuCor.

C. Iwahig Prison and Penal Farm – it is one of the seven

operating units of the Bucor and it was established only
during the American occupation.
D. Sablayan Prison and Penal Farm –is located in
Occidental Mindoro, and relatively new. It was established
on September 26, 1945 by the virtue of proclamation no 72.

E. San Ramon Prison and Penal Farm – it was established

to rebels and prisoners opposing the Spanish leadership. It
is a prison in front of the sea.
F. Leyte Regional Prison – it is situated in Alibuyog,
Southern Leyte was established a year after the declaration
of martial law in 1972 by PD No. 28.

G. Davao Prison and Penal Farm – formerly the Davao

Penal Colony (DaPeCol) during the World War II, it was the
biggest prison establishment in the country which was used
by the Japanese invading army as their imperial garrison.
2. The BUREAU OF JAIL MANAGEMENT AND
PENOLOGY (BJMP), under the DILG; which has the
exclusive control over all city, municipal and district Jails
nationwide;

3. The PROVINCIAL GOVERNMENTS, under DILG;

which supervise and control their respective provincial
and sub-provincial Jails; and
4. The DEPARTMENT OF SOCIAL WELFARE AND
DEVELOPMENT (DSWD), which takes care of, among others,
youthful offenders entered in detention centers for juveniles,
aside from these. Other agencies under this are:

A. The Parole and Probation Administration (PPA)

B. Department of Justice (DOJ)
C. The Board of Pardons and Parole under the DOJ
Generally, corrections, as a component of the system are
responsible for:

1. The MAINTENANCE of institution such as prisons, jails,

halfway houses, and others.
2. The PROTECTION of law-abiding members of society by
keeping convicted offenders from preying on society.
3. The REFORMATION and rehabilitation of offenders in
preparation for their eventual reintegration to the mainstream
of society and helping them lead a normal life after release.

4. The DETERRENCE of crimes, experience in prison and

the fear of isolation and denial of liberty will influence
inmates and potential offenders to lead a life not in conflict or
afoul with the law.
 Rikkers Island in New York is actually an island prison facility. It is
overcrowded. To cushion the effect of congestion, two floating dormitories
were constructed to confine offenders therein; in 1995 or four years ago.

 In January of 1994, in Manila, Ronald W. Nikkel, president of prison

fellowship international who had toured some of the jails in the National
Capital Region (NCR) and the New Bilibid Prisons of the Bureau of
corrections in Muntinlupa City observed and commented that in the 41
countries of the world he had traveled, most have a problem on
congestion. He added that this problem is PREVALENT IN THIRD
WORLD COUNTRIES.
 OPLAN DECONGESTION was formalized through the
execution of a memorandum of agreement on February
12, 1993. Among the public attorney’s office, the parole
and probation administration, the Board of Pardons and
Parole which are all under the Department of Justice,
and the Bureau of Jail Management and Penology
which is under the Department of the Interior and local
government.
 [Link] Decree No. 603, known as the child
and youth welfare code, suspends sentence of minor
offenders whose ages range from nine (9) years to
under eighteen (18) years and place them in
rehabilitation centers under the supervision of the
Department of Social Welfare and Development before
they are released to the custody of their parents or to
any responsible person.
2. Batas Pambansa Bilang 85, authorizes the release of
a detainee who has undergone preventive imprisonment
equivalent to the maximum imposable sentence for the
offense he is charged with’
3. Article 96 of the Revised Penal Code, provides that in
meritorious cases, the commutation of the prisoner’s
sentence through presidential action shall be upon the
recommendation of the court which imposed the same;
and ARTICLE 97, which provides that a prisoner shall be
entitled to a deduction from his prison term for good
conduct; and
4. DOJ Memorandum Circular no. 6 which directs all
wardens or anyone in-charge of local jails to effect the
immediate transfer of national prisoners to the Bureau of
corrections.

5. Republic Act No. 9165- Comprehensive Dangerous

Drug Act of 2002 (July 4, 2002) -1st time minor offender
(probation) for use and possession only. / Deport
6. Republic Act No. 9344 – Juvenile & Justice welfare
Act of 2006 (May)

7. Republic Act No. 6036, known as the release on

recognizance law, provides for the release of offenders
charged with an offense whose penalty is not more than
six (6) months and/or a fine of Two Thousand pesos
(2,000) or both, to the custody of a responsible person in
the community, instead of a bail bond;
8. Republic Act No. 6127, fully deducts the period of the
offenders’ preventive detention from the sentence
imposed by the courts;

9. Republic Act No. 4103, as amended, creating the

Board of Pardons and Parole tasked to look into the
physical, mental and moral record of prisoners to
determine who shall be eligible for parole or conditional
pardon.
10. Presidential Decree No. 968 July 24, 1976 is the
Philippine Probation Law of 1976. Probation is, of course,
a very important legal instrument that contributes to the
decongestion of Philippine jails.
1. The Institution-Based Approach-The rehabilitation
of offenders in jail or prison

- The institution-based approaches has three levels and

are manned by three different government agencies
responsible for the supervision and control of the
numerous institutional facilities nationwide which provide
safekeeping and rehabilitation of inmates, namely:
1. The national prison’s and penal farms under the
Department of justice;

2. The provincial and sub-provincial jails under the

provincial government; and

3. The City, Municipal and District Jails under the

Department of Interior and Local Government.
2. Non-Institutional Correction or Community-Based
Approach

- It refers to correctional activities that may take place

within the community or the method of correcting
sentenced offenders without having to go to prison.
What is a Community correction?

It is a sanction in which offenders serve some or all

their sentence in the community. It is sometimes referred
to as non-institutional corrections. The subfield of
corrections in which offenders are supervised and
provided services outside jail or prison.
 Institutional Non-Institutional
That aspect of the correctional That aspect of the correctional
enterprise that involves the enterprise that includes pardon,
incarceration and rehabilitation of probation, and parole activities,
adults and juveniles convicted of correctional administration not
offenses against the law, and the directly connectable to institutions,
confinement of persons suspected and miscellaneous (activity) not
of a crime awaiting trial and directly related to institutional care.
adjudication.
1. Family members need not be victims also for the
imprisonment of a member because the convict can
still continue to support his family.

2. Rehabilitation will be more effective as the convict

will not be exposed to hardened criminals in prisons
who will only influence him to a life of crime.
3. Rehabilitation can be monitored by the community
thus corrections can be made and be more effective.

4. It is less costly on the part of the government. Cost of

incarcerations will be eliminated which is extremely
beneficial on the part of the government.
 The following are the basic principles underlying
the philosophy of community-based treatment programs:

1. Humanitarian Aspect - Imprisonment is not always

advisable. Placing a person to custodial coercion is to
place him in physical jeopardy, thus drastically narrowing
his access to sources of personal satisfaction and
reducing his self-esteem.
2. Restorative Aspect - There are measures expected to
be achieved by the offender, such as an establishment of
a position in the community in which he does not violate
the laws.

These measures may be directed at changing and

controlling the offender. The failure of the offender to
achieve these can result to recidivism.
3. Managerial Aspect - Managerial skills are special
importance because of the sharp contrast between the
per capital cost of custody and any kind of community
program. It is easier to manage those undergoing
community based treatment programs than that of
custodial control.
1. Probation - One of the most common forms of community
correction is probation. Probation can be thought of as a type of post-
trial diversion from incarceration. A term coined by John Augustus,
from the Latin verb “probare”- to prove, to test.

It is a disposition under which a defendant after conviction of

an offense, the penalty of which does not exceed 6 years of
imprisonment, is released subject to the conditions imposed by the
releasing court and under the supervision of a probation officer.
2. Diversion – For juvenile offender or CICL

3. Restitution - In recent years it has become

increasingly common for jurisdictions to include restitution
orders as part of probation.
Money paid or services provided to victims, their
survivors, or to the community by a convicted offender to
make up for the injury inflicted.
4. Halfway houses - Community-based residential facilities
that are less secure and restrictive than prison or jail but
provide a more controlled environment than other community
correctional programs.

Goal of Halfway House: The goal of halfway houses is to

provide offenders with a temporary period of highly structured
and supportive living so that they will be better prepared to
function independently in the community upon discharge.
What is home Confinement?

It is a program that requires offenders to remain in their

homes except for approved periods of absence;
commonly used in combination with electronic monitoring.
Home confinement is also known as home incarceration,
home detention, and house arrest.
1. Parole - It is the process of suspending the sentence of
a convict after having serve the minimum of his sentence
without granting him pardon, and the prescribing term
upon which the sentence shall be suspended.
2. Executive Clemency

It shall refer to Absolute Pardon, Conditional

Pardon with or without Parole conditions and
Commutation of Sentence as may be granted by the
President of the Philippines upon the recommendation of
the Board of Pardon and Parole.
a. Pardon- It is a form of executive clemency granted by
the President of the Philippines as a privilege to a convict
as a discretionary act of grace. It is an act of grace is
extended to prisoners as a matter of right, vested to the
Chief Executive (The President) as a matter of power.
Neither the legislative nor the judiciary branch of the
government has the power to set conditions or establish
procedures for the exercise of this Presidential
prerogative.
The following are the two types of pardon:

1. Absolute Pardon-It refers to the total extinction of the

criminal liability of the individual to whom it is granted
without any condition whatsoever and restores to the
individual his civil rights and remits the penalty imposed
for the particular offense of which he was convicted.
2. Conditional Pardon -It refers to the exemption of an
individual, within certain limits or conditions; from the
punishment that the law inflicts for the offense he has
committed resulting in the partial extinction of his criminal
liability.
b. Amnesty - A general pardon extended to a group of persons, such
a political offenders purposely to bring about the return of dissidents
to their home and to restore peace and order in the community.

c. Commutation of Sentence - An act of the president changing/

reducing a heavier sentence to a lighter one or a longer term into a
shorter term. It may alter death sentence to life sentence or life
sentence to a term of years. It does not forgive the offender but
merely to reduce the penalty pronounce by the court.
d. Reprieve - A temporary stay of the execution of sentence
especially the execution of the death sentence. Generally,
Reprieve is extended to prisoners sentenced to death.

The date of execution of sentenced is set back several

days to enable the Chief to study the petition of the condemned
man for commutation of sentenced or pardon.
 THE NATURE OF
PROBATION IN THE
PHILIPPINES
2.1 Introduction
2.2 Concept and Philosophy of Probation
2.3 Elements and Characteristics of Probation
2.4 Objectives, Purpose and Characteristics of
Probation
2.5 Advantages, Benefits and Savings of
Probation
2.6 Problem Areas of the Probation Law
2.7 Probation Under PD No. 603 as amended by
RA 9344
The following shall, unless the context otherwise requires, be
construed thus:

1. Amicus Curiae – Means friend of the court

2. Absconding Petitioner- a convicted accused whose

application for probation has been given due course by the
court but fails to report to the parole and probation office or
cannot be located within a reasonable period of time.
3. Absconding Probationer- an accused whose probation was
granted but failed to report for supervision within the period
ordered by the court or a probationer who fails to continue
reporting for supervision and/or whose whereabouts are
unknown for a reasonable period of time.

4. Defense Counsel/Counsel- lawyer of the petitioner

5. Petition- application for probation.

6. Petitioner - a convicted defendant who files an application
for probation.

7. Probationer - means a person placed on probation.

8. Probation- is a disposition under which a defendant, after

conviction and sentence, is released subject to conditions
imposed by the court and to the supervision of a probation
officer.
9. Probation Investigation - The process of selection,
diagnoses and planning with the client.

10. Probation Supervision- The continuous process of

helping the client to follow through with the plans,
reevaluation and working with the client in the process of
planning his life to meet dynamic situation.
11. Probation Officer - public officer like the Chief
Probation and Parole Officer (CPPO), Supervising
Probation and Parole Officer (SPPO), Senior Probation
and Parole Officer (SrPPO), Parole and Probation
Officer II (PPOII), or Parole and Probation Officer I
(PPOI), who investigates for the Trial Court a referral for
probation or supervises a probationer or does both
functions and performs other necessary and related duties
and functions as directed.
12. Probation Office - refers either to the Provincial or City
Probation Office directed to conduct investigation or
supervision referrals as the case may be;

13. Probation Order - order of the trial court granting

probation.

14. Prosecutor- lawyer of the victim.

15. Trial Court - refers to the Regional Trial Court (RTC) of the
Province or City/Municipal Court which has jurisdiction over
the case.

16. Volunteerism - is a strategy by which the parole and

probation administration may be able to generate maximum
citizen participation or community involvement in the overall
process of client rehabilitation.
A. CONCEPT OF PROBATION

 P.D 968 as amended, otherwise known as the Probation

Law of 1976 defines probation.

 The court convicts and sentences the defendant but the

execution of the sentence, whether it imposes a fine only
or a term of imprisonment is suspended and the defendant is
released on probation.
2. PROBATION IS A COURT FUNCTION - In the Probation Law, the
court assumes a dual role.

A. First, when it acts in accordance with the jurisdiction it

acquires over the accused and proceeds to determine his guilt.

B. Second, when the court determines whether or not to grant

probation upon application of the offender. Sections 3(a) and 4 of
the Decree clearly shows this dichotomy.
PROBATION IS A ADMINISTRATIVE PROCESS - The
primary purposes of probation supervision are:

(a) To carry out the conditions set forth in the probation

order;
(b) To ascertain whether the probationer is following said
conditions; and
(c) To bring about the rehabilitation of the probationer and
his reintegration into the community.
The Probation adheres to the following philosophy:

1. There is no single cause for delinquent behavior -

Human beings are extremely complicated.

2. Delinquent and criminal acts are symptoms- The offender

against our law is exhibiting a symptom of social or
psychological disturbance, just as a headache is a symptom of
a physical disturbance.
3. That the individual has the ability to change and
modify - his anti-social behavior with the right kind of help;

4. The central goal of probation Administration is to

enhance the safety of the community - by reducing the
incidence of Criminal acts by person previously convicted.
5. The basic idea underlying a sentence to probation is
very simple - Sentencing is in large part concerned with
avoiding future crimes by helping the defendant learn to live
productively in the community which he has offended;

6. This is of course not to say that probation- should be

used in all cases, or it will always produce better results.
7. By the same token however, it can be said that
probation is a good bit more than the “matter of grace”
or “leniency” - which characterizes the philosophy of the
general public and of many Judges and legislators on the
subjects.

8. An adequate correctional system- will place great

reliance on appropriately funded and manned probation
services.
9. Imprisonment as a sole cure for prevalence of Crime is
no Longer recognized- Prisons are in themselves often
productive of crime and Destructive of the keepers as well
as kept.

10. It is generally concealed that probation a matter of

privilege - to be granted refused at discretion of the State.
11. No violation of probation conditions should result in
automatic revocation;

12. No physical would undertake to prescribe treatment

- for sick man unless he has repot of his ailment and
condition (diagnosis), a judge should not pass judgment on
a man without post-sentence investigation report.
1. A post sentence investigation report which will
serve as the informational for the court’s decision to
grant or deny probation.

2. The conditional suspension of execution of

sentence by the court.
3. Condition of probation imposed by the court to
protect public safety and to faster the rehabilitation
and reformation of the probationer.

4. Supervision, guidance and assistance of the

offender by a probation officer.
 The following are the essential elements of the probation
system under Presidential Decree No. 968:

1. Probation is a single or one-time" affair.

2. Probation system is highly selective.

3. Persons under probation retain their civil rights, like the right
to vote, or practice one's profession, or exercise parental or
marital authority.
1. More enlightened and humane correctional treatment.

2. It aims to promote the reformation of the offenders.

3. It reduces the incidence of recidivism.

4. It extends to offenders individualized and community

based treatment programs instead of imprisoning them.
5. It is limited to offenders who are likely to
respond favorably there to.

6. It is less costly than the confinement of all

offenders in prisons.
 OBJECTIVES OF PROBATION - The following are the fundamental
objectives of a Probation Agency:

1. Assist the court in matters pertaining to sentencing.

2. Promote community protection by supervising and

monitoring the activities of persons on probation.

3. Promote the betterment of offenders by ensuring that

they receive appropriate rehabilitation services
 It provides that the purpose of the Decree is to:

1. Promote the correction and rehabilitation - of an offender

by providing him with individualized treatment;

2. Provide an opportunity for the reformation - of a penitent

offender which might be less probable if he were to serve a
prison sentence; and

3. Prevent the commission of offenses.

1. Probation prevents crime- by offering freedom and aid
only to those who are not likely to assault society again.

2. It protects the society- by placing under close supervision

non-dangerous offenders while undergoing treatment and
rehabilitation in the community.

3. It conform the modern humanistic trends- in Penology.

4. It gives the first and light offenders- a second chance in
life.

5. It makes the offender productive - or taxpayers instead

of tax eaters.

6. It restores to successful probationers- his civil rights

which was previously lost or suspended as a result of
conviction.
7. It has been proven effective in developing countries
that have adopted it.

8. It is advocated by the United Nations in its various

congresses in crime prevention and treatment of offenders
Probation has the following benefits:

1. It protects society
a. from the excessive cost of detention
b. from the high rate of recidivism of detained
offender
2. It protects the victim
a. it provides restitution
b. it preserves justice
3. It protects the family
a. it does not deprive the wife and children of
husband and father
b. it maintains the unity of a home

4. It assists the government

a. it reduces the population of prisons and jail
b. it lessens the clogging of courts
c. it lightens the load of prosecutors
5. It helps the offender
a. it maintains his earning power
b. it provides rehabilitation in the community
c. it restores his dignity

6. It justifies the philosophy of men

a. that life is sacred
b. that all men deserve a second chance
c. that and individual can change
d. that society has the moral obligation to lift the fallen
 Presidential Decree No. 603

 Under Presidential Decree No. 603 the youthful offender is

neither convicted nor sentenced although the court finding
him guilty determines the imposable penalty and orders his
commitment as a matter of course to any of the trustees for
his correction and rehabilitation, even without his asking for
it and without any prior investigation.
 Presidential Decree No. 968

 Under Presidential Decree No. 968, the offender is

convicted and sentenced. Section 3 defines probation
as a disposition under which a defendant, after
conviction and sentence, is released subject to
conditions imposed by the court and to the supervision
of a probation officer.
 Presidential Decree No. 968

 The probationer is not committed to any institution but

is set free under the constructive custody of the court
which heard his application for probation. Section 4 of
the Probation Decree requires that defendant should
apply for probation.
3.1 Introduction
3.2 Historical Development of Probation
3.3 Basic Differences Between P.D. No. 968
and Act No. 4221
3.4 Forerunners of Probation
3.5 The Probation Law and Its Amendment
THE HISTORICAL
DEVELOPMENT
OF PROBATION
 The concept of probation, from the Latin, “probatio,
"testing," has historical roots in the practice of judicial
reprieve.

 In English common law, prior to the advent of democratic

rule, the courts could temporarily suspend the execution
of a sentence to allow a criminal defendant to appeal to
the monarch for a pardon.
 At first, judges, most notably Peter Oxenbridge
Thatcher of Boston, used "release on
recognizance" or bail and simply refrained from
taking any further action.
 Probation - from the Latin, probatio, "testing," has
historical roots in the practice of judicial reprieve.

 English Common Law - prior to the advent of democratic

rule, the courts could temporarily suspend the execution
of a sentence to allow a criminal defendant to appeal to
the monarch for a pardon.
 Peter Oxenbridge Thatcher - of Boston, used "release on
recognizance" or bail and simply refrained from taking any
further action.

 Captain Savage - the mayor of Boston hired a former

police officer, the ironically named "Captain Savage," to
become what many recognize as the first official probation
officer.
 Killets Deicision - In 1916, the United States Supreme
Court, held that a Federal Judge (Killets) was without
power to suspend a sentence indefinitely.

This decision led to the passing of the National

Probation Act of 1925, thereby, allowing courts to suspend
the imposition of incarceration and place an offender on
probation.
1. WHO IS MATHEW DAVENPORT HILL?

 Mathew Davenport Hill is considered the Father of

Probation in England.

 He left an interesting account of his experiments in the

Birmingham court. He was in the forefront of reforming
juvenile offenders.
 He conducted his experiment in the Birmingham Court.
Beginning in the early years of 1481, he acted for and in
behalf of juvenile offenders, when he believes:

1. The individual is not fully corrupt.

2. There was reasonable hope of reformation

3. When there could be found persons to act

 The first state to enact a real probation law in United
States is Massachusetts.

 The first practical demonstration of probation, first use of

the term as court service, and the enactment of the first
probation law occurred in Massachusetts.
 Rhode Island - A complete state-administered probation
system appeared first in Rhode Island.

 The Act of 1899 empowered the board of state charities

and corrections to appoint a state probation officer and
additional probation officers, “one of whom at least shall
be a women,” to serve all courts in the state.
2. WHO IS JOHN AUGUSTUS?

 John Augustus is the Father of Probation in the USA.

He is a Boston shoemaker, first to develop a
sustained service to promote temperance and to
reclaim drunkards.

 Although later he begun to take men and woman

charged with other crimes, then eventually children.
 METHODS OF AUGUSTUS

1. Provide bail for temporary suspension of punishment of

sentence.

2. Then he sought counsel and assists his charges in

finding homes, securing employment and adjusting family
difficulties.
 METHODS OF AUGUSTUS

3. At the end of probation he brought offender back to

court-if no further charges are found- judge imposes a
nominal fine with cost if man is poor, Augustus advance fine
as a loan.
 AUGUSTUS EXPERIMENT

 August 1841- Rugged drunk man.

 3 weeks -The drunkard was brought back to court where the

judge cannot recognize him. Imposes a fine of $ 3.76.

 Augustus died on June 21, 1859. And out of 2000 person

whom he extended his help, only 10 were ungrateful. And out
of 1100 cases, only one case was forfeited.
A. The Adult Probation Law of 1935

 The Philippine Legislature enacted the first probation of the

Philippines.

 The first legislation was Act No. 4221 enacted by the

Philippine legislature on August 07, 1935 and which created
a Probation Offices under the Department of Justice led by
a Chief Probation Officer.
NOTA BENE:

 The ill-fated Act was only procedural framework that was

antagonistic with the constitution/charter.

 Section 11 of Act no 4221, the fatal provision of the Act,

provided that "This Act shall apply only in those provinces
in which the respective provincial boards have provided
for the salary of a probation officer . . .. "
 The Strategy proposed a two-pronged attack to reduce
crime in the country, namely:

(1) to give emphasis on the prevention and control of high-

fear and economic crimes by implementing a number of
priorities of actions; and

(2) to improve the quality of the criminal justice system

by facilitating teamwork among its interdependent
components.
The following priorities of action were recommended:

1) Improvement of the quality of the criminal justice system

among its interdependent components;

2) Improvement of the management skills of law

enforcement;

3) Reducing the delays in the criminal justice processes;

The following priorities of action were recommended:

4) Making corrections more attuned to its role of

rehabilitating law offenders; and

5) Increasing the community participation in crime

prevention.
WHO IS TEODULO C. NATIVIDAD?

 He is the Father of Probation in the

Philippines.

 He headed the committee (IDCCP) primarily

tasked with the drafting of the adult probation law.
 It took a long time before another attempt was made with
introduction then by Congressman Teodulo C. Natividad in
collaboration with former Congressman Ramon D.
Bagatsing, House Bill No. 393.

 The measure was passed in the Lower House and was

pending in the senate when Martial Law was proclaimed
in 1972.
1. Benefits of the Clergy- earliest for softening of the brutal
severity of punishment.

 This was a compromise between the church and the king

that, if any member of the clergy was brought to trial
before the king’s court, such clergy could be claimed from
the jurisdiction by the bishop or chaplain representing him
on the ground that the prisoner was subject to the
authority of the Ecclesiastical Court only.
2. Judicial Reprieve- withdrawal of sentence for an
internal of time whereby the execution of the sentence is
suspended either before or after judgment such as
when there is a favorable circumstance in the criminal’s
character in order to give him opportunity to apply to the
King for either an absolute an or conditional pardon.
3. Recognizance or “Binding over for good behavior” –
this is considered as the direct ancestor of probation.

 This involves an obligation or promise sworn to under

court order by a person not yet convicted of crime he
would keep the peace and be of good behavior.
4. Transportation- this was developed from an ancient
practice of banishment and flourished for more than two
hundred years as a principal method of disposing
offenders.

 It served mainly as cheap source of supplying labor to

the colonies of England.
RULES AND LIMITATIONS IN
THE GRANT OF PROBATION
1. Nature of Granting Probation
2. Qualified and Disqualified Offenders for Probation
3. Procedure in the Application of Probation
4. Resolution of the Petition for Probation
5. Period of Probation and its Implication
6. Conditions in the Grant of Probation
7. Violation of Probation conditions
8. Modification and Revocation
9. Termination and Closing of Probation Case
1. PROBATIONER
is a person placed on probation

2. PROBATION OFFICER (now Probation and

Parole Officer)
is one who investigates for the court a
referral for probation or supervises a probationer
or both
IT IS CONSIDERED AS THE FIRST
PROBATION LAW IN THE
PHILIPPINES

ACT 4221
 the first Probation Law of the Philippines
 this act became effective on August 7,

1935
 the Supreme Court declared this Act
unconstitutional on November 16, 1937
 Probation is only a privilege, not a
right

Probation is not demandable as a matter

of right. It is a privilege. Its grant depends
upon the discretion of the court.
 Probation may not be granted except
upon application of the defendant.

NOTE: APPLICANT SHALL FILE THEIR

PETITION TO THE TRIAL COURT
WHERE HE WAS CONVICTED
 The law says that the application for
probation should be made within the
period for perfecting an appeal, or within
fifteen (15) days from promulgation of
notice of judgment

NOTE: THE SAME DURATION WITH APPEAL

The filing of application (for probation) shall be deemed
a waiver of the right to appeal. In such case the
accused cannot, even by withdrawing his application for
probation, reinstate his appeal or right to appeal.

NOTE: APPLICATION IS AN IMPLIED ADMISSION

OF GUILT
RA 10707 – APPELLANTS CAN NOW APPLY FOR
PROBATION
WHAT CASE IS THE REASON WHY ACT
4221 OR THE FIRST PROBATION LAW
BECAME UNCONSTITUTIONAL AND
LATER REPEALED?
A. GRANT OF PROBATION

The filing of the application shall be

deemed a waiver of the right to appeal, or the
automatic withdrawal of a pending appeal. (As
amended by PD 1990).
 Probation shall be denied if the court
finds that:

1. The offender is in need of correctional

treatment that can be provided most
effectively by his commitment to an
institution; or
2. There is undue risk that during the period
of probation the offender will commit another
crime; or

3. Probation will depreciate the seriousness

of the offense committed.
 AS GENERAL RULE probation applies to
all sentenced or convicted offenders - All first-
time offenders convicted of crimes punished by
imprisonment of not more than 6 years
(maximum of 6 years). Except the following:

1. Those entitled to the benefits of PD 603.

2. Those that are found Guilty in violation of
R.A. 6425, otherwise known as the Dangerous
Drug Act of 1972 as amended by Republic Act
No. 9165.

3. Those offenders who has not been convicted

and sentenced.
4. Those that are found guilty in violation the
Omnibus Election Code of the Philippines.

5. Those who are found guilty in violation of PD 1987

(an act creating the Video gram Regulatory)

6. Those who are found guilty of RA 6727 (Wage

Rationalization Act)
1. Those sentenced to serve a MAXIMUM
TERM of imprisonment of MORE THAN SIX
(6) YEARS;

2. Those convicted of subversion or any

crime against the national security or public
order;
1. Rebellion or insurrection
2. Conspiracy and proposal to commit
rebellion
3. Sedition
4. Conspiracy to commit sedition
5. Inciting to sedition
6. Acts tending to prevent the meeting of
assembly and similar bodies
7. Disturbance of proceedings
8. Direct assault
9. Indirect assault
10. Coup d’etat
3. Those who have previously been convicted by
final judgment of an offense punished by
imprisonment of not less than one month and one
day and/or a fine of not less than Two Hundred
Pesos;

4. Those who have been ONCE on probation

under the provisions of PD No. 968, as amended;
 PREVIOUS FINE
CONVICTION
if one month - less than two hundred
qualified for probation pesos - qualified for
if one month and one probation
day or more - two hundred pesos or
disqualified for more - disqualified for
probation probation
5. Those who are already serving sentence
at the time substantive provisions of the
decree became applicable pursuant to
section 33 of PD 968
I. WHERE AND WHEN TO FILE THE PETITION
FOR PROBATION?

The application for probation shall be filed by

sentenced or convicted offender whose sentence
is not more than 6 years imprisonment. It shall be
filed with the court that tried and sentenced the
offender.
WHERE: A petition for probation shall be filed to courts
that tried and sentenced the offender at any time
before the imprisonment starts.

WHEN: Anytime before the offender starts serving his

sentence but within period for perfecting an appeal or
fifteen (15) days from the promulgation or notice of
the judgment of conviction.
1. The defendant must file a petition before the trial
court which exercise jurisdiction over his case. (FORMS
OF PETITION WRITING/ORAL)

2. For probation cannot be entertained. As a general

rule, No application for probation shall be entertained or
granted if the defendant has perfected an appeal from
the judgment or conviction.
3. Notice to the prosecuting officer: The prosecuting
officer concerned shall be notified by the court of the
filing of such application.

4. Referral to probation office: The probation should

be entertained by the court by ordering the probation
officer to conduct an investigation (PSI) of the
offender provided he is not disqualified under the
decree.
1. The offender or his counsel files a petition
with the convicting court within 15 days
from promulgation of judgment.

2. The court determines convict qualifications

and notifies the prosecutor of the filing of
the petition
3. The prosecutor submits his comments on
such application within 10 days from receipt
of the notification.

4. If petitioner is qualified, his application is

referred to the probation officer for post-
sentence investigation
5. The post-sentence investigation report
(PSIR) is submitted by the probation officer to
the court within 60 days.

6. Pending investigation and resolution,

accused may be temporarily released (if there
is already a bail, then on same bail)
7. The court grants or denies the petition for
probation within 15 days upon receipt of the
PSIR.
1. A post sentence investigation by the officer;

2. A determination by the court that the end of

justice will be served and the best interest of
the public and that of the offender will be served
thereby.
 An investigation conducted by a probation
agency or other designated authority at the
request of a court into the past behavior,
family circumstances, and personality of an
adult who has been convicted of a crime, to
assist the court in determining the most
appropriate sentence.
 It refers to the investigation conducted by a
probation officer to obtain information
regarding petitioner’s character, antecedents,
environment, mental and physical condition
with the aim of determining whether the latter is
qualified and suitable for released under
probation.
1. Assignment. - After receipt from the Trial Court,
the City or Provincial Parole and Probation Office
concerned, through the CPPO shall assign the
same to the office clerk for docketing and eventual
assignment to a subordinate investigating Probation
Officer for the conduct of the PSI or conduct such
investigation himself.
2. Initial Interview Work Sheet: Waiver. – Within
five (5) working days from receipt of said delegated
assignment (or self -assignment), the investigating
Probation Officer on case (or Chief Probation and
Parole Officer) shall initially interview the applicant if
he appeared 72 hours limitation given by the court.
3. Collateral Information. - During the conduct of
the PSI, collateral information must be gathered
from those persons who have direct personal
knowledge of the applicant, offended party, family
member, and/or their relatives, including barangay
officials and disinterested persons.
4. Nature of Interview. - The data and information
gathered from the interview of the applicant and/or
other persons and from other collateral informants,
as well as law enforcement agencies, shall be
strictly privileged and confidential in nature.
5. Confidentiality of Post-Sentence Investigation
Information. – The investigating Probation and
Parole Officer on case or CPPO shall inform the
applicant of the confidential nature of the
information taken during the PSI and the limited
scope and extent.
6. Absconding Applicant. – If the applicant whose
application for probation has been given due course
by the proper court has failed to present
himself/herself to the proper Office within seventy-
two (72) hours from his/her receipt of the Probation
Order or within reasonable time
The following are the stage of post investigation:

1. PRELIMINARY PROCEDURE - The probation

officer upon receipt of the order from the court shall
assign the same to a probation officer to conduct
the post-sentence investigation.
2. INITIAL INTERVIEW - within 5 working days from
receipt of the court order, the probation officer assigned
shall interview the petitioner.

3. INVESTIGATION - upon completion of the worksheet,

the probation officer shall conduct a thorough
investigation on the antecedents, mental and physical
condition, character, and socio economic status of the
petitioner.
4. ISSUANCE OF POST-SENTENCE
INVESTIGATION (PSI) REPORT -upon the
completion of the post-sentence investigation, the
probation of officer shall submit a post-sentence
investigation report (P.A. form no. 3) to the trial court
within the prescribed period.
 The court if grants the petition will
issue the appropriate Probation Order and
the petitioner will be release to the community
subject however to the terms and condition
imposed by the court, with the supervision of
probation officer.
- If the court grants probation – the court
imposes condition that defendant seems to
be arbitrary – mental must he does need
instruction.
(a)Probation is but a mere privilege and as
such, its grant or denial rests solely upon
the sound of discretion of the Trial Court.

After its grant it becomes a statutory right and

it shall only be canceled or revoked for cause
and after due notice and hearing.
(b) The grant of probation has the effect of
suspending the execution of sentence.

Upon receipt of the Probation Order

granting probation the same shall be entered in
a Docket Book for proper recording.
An order of denial shall be docketed as
well.
What will happen if the application for probation
is denied?

The offender will be sent by the

sentencing court to prison to serve his
sentence.
(a)To ensure the probationer's compliance with
the probation conditions specified in the
Probation Order and the prescribed probation
treatment and supervision program/plan;
(b) To manage the process of the probationer's
rehabilitation and re-integration into the
community; and
(c) To provide guidance for the probationer's
transformation and development into a useful
citizen for his eventual reintegration to the
mainstream of society.
1. CHANGE OF RESIDENCE

(a) A Probationer may file a Request for Change of

Residence (PPA Form 24) with the City or Provincial
Parole and Probation Office, citing the reason(s)
therefore this request shall be submitted by the
Supervising Probation Office for the approval of the
Trial Court.
2. In the event of such approval, the supervision
and control over the probationer shall be
transferred to the concerned Executive Judge of the
RTC.
(a) A Probation Officer may authorize a probationer
to travel outside his area of operational/territorial
jurisdiction for a period of more than ten (10) days
but not exceeding thirty (30) days.
(b)A Probationer who seeks to travel for up to
thirty (30) days outside the operational/territorial
jurisdiction of the Probation Office shall file at least
five (5) days before the intended travel schedule
a Request for Outside Travel (PPA Form 7) withsaid
Office properly recommended by the Supervising
Probation Officer on case and approved by the
CPPO.
 (c) If the requested outside travel is for more
than thirty (30) days, said request shall be
recommended by the CPPO and submitted to the
Trial Court for approval.
D. Outside travel for a cumulative duration of more
than thirty (30) days within a period of six (6)
months shall be considered as a courtesy
supervision.
Period of Probation:

a. If the convict is sentenced to a term of

imprisonment of NOT MORE THAN ONE (1),
the period of probation shall NOT EXCEED
TWO (2) YEARS.
b. In all cases if he is sentenced to MORE
THAN ONE (1) YEAR, said period SHALL
NOT EXCEED SIX (6) YEARS.
Implications of Probation:

1. Minimum period of probation is left to

discretion of courts.
2. Court may set a straight period of probation
anywhere within the range and limit set by
law

3. The court may order an indeterminate

period with minimum and maximum period.
1. The probationer must present himself to his
Probation Officer within seventy-two (72)
hours;

2. Report to his Probation Officer in-charge

of his supervision at least once a month;
3. Not to commit any offense;

4. Comply with any other conditions

imposed by the court.
1. To present himself to the Probation Officer
concerned for supervision within 72 hours
from receipt of said order; and

2. To report to the Probation Officer at least

once a month during the period of
probation.
1. Cooperate with a program of supervisor;
2. Meet his family responsibilities
3. Devote himself to a specific employment
and not to change said employment without
prior written approval of the probation officer;
[Link] with a program of payment of civil
liability to the victim of his heirs;
5. Undergo medical, psychological or
psychiatric examination and treatment and/or
enter and remain in specific institution, when
required for that purpose;
6. Pursue a prescribed secular study or
vocational training;
7. Attend or reside in a facility established for
instruction or reaction of persons on
probation;
8. Refrain from visiting houses of ill-repute;
9. Abstain from drinking intoxicating
beverages to excess;
10. Permit the probation officer or
unauthorized social worker to visit his home
and place of work;
11. Reside at premises approved by the
court and not to change his residence without
prior written approval; and
12. Satisfy any other condition related to the
rehabilitation of the probationer and not
unduly restrictive of his liberty or incompatible
with his freedom of conscience.
 The Court may modify the conditions of probation
or revoke the same. If the violation is serious, the
court may order the probationer to serve his
prison sentence.

 The probationer may also be arrested and

criminally prosecuted if the violation is a criminal
offense.
a. The probationer will be arrested for
violation of the condition of probation.

b. Prosecution of the new crime

[Link] court will order the serving of
the original sentence of the previous offense
The following are the two(2) grounds for
revocation of probation:

1. Failure to comply with any condition

2. Commission of another offense
 After considering the nature and seriousness
of violation court may order arrest of probation.
Under Sec.15 of PD No. 968, at any time during
probation, the court may issue a warrant for the
arrest of a probationer for violation of any of the
conditions of probation.
 YES, The defendant may be admitted to bail
pending such hearing. In such a case, the
provisions regarding release on bail of persons
charged with a crime shall be applicable to
probationers arrested under this provision.
MODES AND GROUNDS:

1. The successful completion of program of

probation.
2. Revocation for cause, or death of the
probationer.

Termination Report: 30 days before the

termination period
THE VOLUNTEER PROBATION
AIDES (VPA)
1. Volunteerisms define
2. Volunteer Probation Aides (VPA) define
3. Qualification of VPA
4. Appointment and terms of office of VPA
5. Salary of VPA
6. Duties, Function and Responsibilities of VPA
7. Case load limitation of VPA
 It is a strategy by which the parole
and probation administration may be able
to generate maximum citizen
participation or community involvement in
the overall process of client rehabilitation.
 VPA are citizen of good standing in
the community who are volunteer to
assist the parole and probation officers
in the supervision of a number of
probationers, parolees, and pardonees in
their respective community.
 Section 28 of PD 968. Probation
Aides. To assist the Provincial or City
Probation Officers in the supervision of
probationers, the Probation Administrator
may appoint citizens of good repute and
probity to act as probation aides.
 Probation Aides shall not receive any
regular compensation for services except
for reasonable travel allowance. They
shall hold office for such period as may be
determined by the Probation Administrator.
a) Must be citizens of good repute and
probity.
b) At least 18 years of age on the date of
appointment
c) At least high school graduates and
d) Preferably residence of the same locality
or community covering the place of
residence of the probationer and/or the
CPPOs, SPPOs, and SrPPOs, PPOsII, and
PPOsI.
1. Of sound mind and of good moral
character.

2. As adequate and stable income and

willing to serve without any compensation.
3. Has no criminal record of conviction,
except those who have shown exemplary
may therefore be considered role model to
fellow offenders.

4. Has the time to supervise a maximum of

5 clients.
a) Probation Aides shall be appointed by the
Probation Administrator or through authority.

b) Probation Aides so appointed may hold

office during good behavior for a period of two
(2) years, renewable at the end of each period
 VPA shall not receive any regular
compensation but entitled to travel
allowances allowed under existing
government rules and regulation.
1. Assist the Probation Officer in supervision of
probationer
2. Prepare and submit reports and record of his
work as may be required by probation offices
3. Assist the probation officer in mobilization of
community support for probation program
1. Works in close consultation and coordination
with the chief probation and parole officer (CPPO)
and supervising officer-on-Case (SOC).

2. Supervise a maximum of five (5) clients and

thereafter ten (10) clients upon re-appointment
subject to the administrative and technical
supervision
3. Keeps all information about the clients in strict
confidential;

4. Performs such other task related to clients

rehabilitation as may be assigned by the CPPO
from time to time;
5. Prepares records of their activities and
accomplish related reports and prompt submission
thereof and undertake other related activities.

6. They may be designated to identify, generate,

tap local community resources or conduct such
activities on skills training and sports and cultural
programs for clients.
THE PAROLE AND PROBATION
ADMINISTRATION
1. What is parole and probation and parole administration?
2. Functions of PPA
3. The history and Creation of Probation Administration under
PD 968
4. Qualification and Powers and Duties of the following:
a. Probation administrator,
b. Assistant probation administrator
c. Regional probation officer
d. Provincial and City Probation Officers
5. The Organization Structure of Probation Administration
6. Vision, Mission, Mandate, Goals and Organizational Values
7. Major Rehabilitation Programs of PPA
 The Parole and Probation Administration
(Filipino: Pangasiwaan ng Parol at Probasyon),
abbreviated as PPA, is an agency of the Philippine
government under the Department of Justice
responsible for providing a less costly
alternative to imprisonment of first-time
offenders who are likely to respond to
individualized community-based treatment
programs.
a. To administer the parole and probation
system.
b. To exercise supervision over parolees,
pardonees and probationers
c. To promote the correction and rehabilitation of
criminal offenders.
 Probation was first introduced in the Philippines
during the American colonial period (1898–
1945) with the enactment of Act No. 4221 of the
Philippine Legislature on August 7, 1935.

 This law created a Probation Office under the

Department of Justice. On November 16, 1937,
after barely two years of existence.
 In 1972, House Bill No. 393 was filed in Congress,
which would establish a probation system in the
Philippines. This bill avoided the objectionable features
of Act 4221 that struck down the 1935 law as
unconstitutional.
 In 1975, the National Police Commission
Interdisciplinary drafted a Probation Law. After 18
technical hearings over a period of six months, the draft
decree was presented to a selected group of 369 jurists,
penologists, civic leaders
 On July 24, 1976, Presidential Decree No. 968, also
known as Adult Probation Law of 1976, was signed
into Law by the President of the Philippines.

 Section 18 of PD 968. The Probation Administration.

There is hereby created under the Department of
Justice an agency to be known as the Probation
Administration herein referred to as the
Administration, which shall exercise general
supervision over all probationers.
The following are the powers and Duties of
Probation Administration under Section 19 of PD
968:

(a) Act as the executive officer of the

Administration;
(b) Exercise supervision and control over all
probation officers;
(c) Make annual reports to the Secretary of
Justice, in such form as the latter may prescribe,
concerning the operation, administration and
improvement of the probation system;

(d) Promulgate, subject to the approval of the

Secretary of Justice, the necessary rules relative
to the methods and procedures of the probation
process;
(e) Recommend to the Secretary of Justice the
appointment of the subordinate personnel of his
Administration and other offices established in this
Decree; and

(f) Generally, perform such duties and exercise

such powers as may be necessary or incidental to
achieve the objectives of this Decree.
1 Post-Sentence Investigation Work Sheet

2 Waiver-Cum-Authorization

3 Post-Sentence Investigation Report

5 Monthly Caseload Summary Reports

7 Request for Outside Travel

8 Violation Report
9 Probation Officers Final Report
10 Office Order
11 Payment Plan
14 General Inter-Office Referral
15 Case Classification
16 Supervision Treatment Plan
17 Supervision Case Notes
18 Attendance Monitoring Form of
Clients
19 Termination Form
22 Arrival Report
23 Certificate of undertaking
24 Change of Residence

25 Pre-Parole/Pre-Executive Clemency Investigation

Report
26 Certificate of No Pending Case

30 Psychological/Clinical evaluation referral

32 Follow-up letter

33 Standard Cover Letter

42 Certificate of No Appeal
 A model component of the Philippine
Correctional System that shall enhance the
quality of life of its clients through multi
disciplinary programs and resources, and
efficient organization, and highly
professional and committed workforce in
order to promote social justice and
development.
 To rehabilitate probationers, parolees and
pardonees and promote their development
as integral persons by utilizing innovative
interventions and techniques which respect
the dignity of man and recognize his divine
destiny.
The Parole and Probation Administration is
mandated to conserve and/or redeem
convicted offenders and prisoners who are
under the probation or parole system.
A. PERFORMANCE - Efficient and effective
accomplishment of task and targets, beginning
with individual officials and throughout all units in
the organizational hierarchy, linked coherently and
progressively toward the agency Mission, Vision
and strategic works.
1. Teamwork - Working together to achieve
shared goals

2. Resourcefulness and Innovativeness -

Exploring resources with ingenuity optimizing
opportunities with creativity.
B. PROFESSIONALISM - High level of proficiency
on the resulting from mastery and conscientious
application of appropriate knowledge and skills,
honed by sound judgment, self-discipline and
unceasing striving for excellence, and founded on
a code of conduct that respects the dignity of
clients and fellowmen.
1. Role modeling - Serving and inspiring by
example.

2. Professional Existence - Achieving high

standards for ethical and quality service
C. ACCOUNTABILITY - Inherent obligation of
every official and employees to answer employee
to answer for decisions, actions and result within
his/her authority, including proper and effective
utilization of resources is support of Agency
policies and programs with timely, complete and
accurate disclosure in required report.
1. Responsibility - Achieving expectations,
answering for results.

2. Honesty and Integrity - Being upright and

transparent in transaction and relations.
A. RESTORATIVE JUSTICE (RJ) is a philosophy
and a process whereby stakeholders in a specific
offense resolve collectively how to deal with the
aftermath of the offense and its implications for the
future.
B. The VOLUNTEER PROBATION AIDE (VPA)
PROGRAM is a strategy by which the Parole and
Probation Administration may be able to generate
maximum citizen participation or community
involvement. Citizens
C. The THERAPEUTIC COMMUNITY (TC) is a
self-help social learning treatment model used in
the rehabilitation of drug offenders and other
clients with behavioral problems.
1. Parole Define
2. Historical Development of Parole
3. Distinction Between Parole and Probation
4. Advantage and Disadvantage of parole
5. Prisoners Qualified and Disqualified for Parole
6. The Board of Pardon and Parole
7. The Indeterminate Sentence Law (Act No. 4103)
8. Implementing Rules and Regulation on Parole
and Pardon
 It is the provisional release of a prisoner who
agrees to certain conditions prior to the
completion of the maximum sentence period.

 Originating from the French parole ("voice",

"spoken words"), the term became associated
during the Middle Ages with the release of
prisoners who gave their word.
 It is the process of suspending the sentence of a
convict after having served the minimum of his
sentence without granting him pardon, and the
prescribing term upon which the sentence shall be
suspended.

 It is the release from imprisonment, but without

full restoration of liberty, as parolee is in custody
of the law although not in confinement.
 Alexander Maconochie

 He is the Superintendent of the penal colony at

Norfolk Island in Australia (1840) who
introduced the Mark System that became the
blueprint of modern day parole. He is
considered as the father of modern penology.
 Mark System

 A progressive humane system in which a

prisoner is required to earn a number of marks
based on proper department, labor and study in
order to entitle him for ticket for leave or
conditional release which is similar to parole.
 Walter Crofton

 He is the director of the Irish Prison in 1854

who introduced the Irish system that was
modified from the Macanochie’s mark system.
 CREATION OF PAROLE SYSTEM IN THE
PHILIPPINES:

It came into existence by the passage of Act

4103 as amended by Acts 4203 and 4225, otherwise
known as the Indeterminate Sentence Law, which took
effect on Dec. 5, 1933. Board of Pardons and Parole –
administers the Parole system of the country
 Parole is a conditional release from actual
confinement under sentence of imprisonment,
contingent upon future conduct with respect to
terms of parole, and the parolee is subject to
future confinement for the un-served portion of
sentence in the event he violates provisions of
parole.
 An order placing a defendant on probation is not
a final judgment, but is rather an "interlocutory
judgment" in the nature of a conditional order
placing the defendant under the supervision of the
court for his reformation, to be followed by a final
judgment of discharge.
 PAROLE PROBATION
Administrative function It is a judicial function
exercised by the exercise by the courts.
executive branch of the
government (executive
function)
Granted to a prisoner Granted to an
only after he has offender immediately
serve the minimum of after conviction.
his sentence.
It is an extension of institutional. It is substitute for imprisonment.
It is a conditional release of a Probation is an alternative to
prisoner whereby he is placed imprisonment. Instead of being
under the supervision of a Parole confined in prison, the probationer is
Officer after serving his minimum released to the community by the
sentence. court with conditions to follow and is
placed under the supervision of PO.
Granted by BPP Granted by the court
Parolee Probationer
Parolee supervised by parole Probationer supervise by
officer probation officer
Parole is administered by the Probation is handled by the
Parole Board. Probation Administration
Parole does not Probation is more
restores full civil beneficent because it
rights to parolee restores full civil
rights to the
probationer upon
termination unlike
parole.
It is granted more Probation is
than once, enjoyed only once
depending on good
behavior during
imprisonment
Probation is a Convict must serve
community-based the minimum of his
approach to sentence before the
reformation of grant.
offenders.
1. Award prisoners for good behavior during their
sentence.
2. One of the other advantages is the economy
factors. Releasing prisoners on parole can force
them to get a job and no longer be a ward of the
state.
3. Therein lies its foremost advantage: the provision
of fresh opportunity and the chance to start anew
for criminals.
1. Parole involves the risk that the parolee may
become a repeat offender (known as recidivism
in the criminal justice field).

2. Another disadvantage of parole is that it

frequently involves the continuation of
involvement by the criminal justice system (at a
financial cost to the public and to the detriment of
individual liberty)
a. He is confined in a jail or prison to serve an
indeterminate prison sentence, the maximum period
of which exceeds one year, pursuant to a final
judgment of conviction; and that

b. He has served the minimum period of said

sentence less the good conduct time allowances
(GCTA) earned.
 c. There is a reasonable probability that if
released, he will become law-abiding; and

d. His release will not be incompatible with the

interests and welfare of society.
1. Inmate is serving an indeterminate
sentence the maximum period of which
exceeds one (1) year;

2. Inmate has served the minimum period of

the indeterminate sentence;
3. Inmate's conviction is final and executor;

4. In case the inmate has one or more co-accused

who had been convicted, the director/warden
concerned shall forward their prison records and
carpetas/jackets at the same time.
5. Inmate has no pending criminal case; and

6. Inmate is serving sentence in the national

penitentiary, unless the confinement of said inmate
in a municipal, city, district or provincial jail is
justified.
1. Those persons convicted of offenses punished
with reclusion perpetua;
2. Those convicted of treason, conspiracy or
proposal to commit treason;
3. Those convicted of misprision of treason,
rebellion, sedition or espionage;
4. Those convicted of piracy;
5. Those who are habitual delinquents;
6. Those who escaped from confinement or those
who evaded sentence;
7. Those who were granted conditional pardon and
violated any of the terms thereof;
8. Those whose maximum term of imprisonment
does not exceed 1 year or are with a definite
sentence;
9. Those suffering from any mental disorder as
certified by a psychiatric report of the bureau of
correction or national center for mental health;
10. Those whose conviction is on appeal;
11. Those who have pending criminal case for an
offense committed while serving sentence.
12. Those convicted of offenses punished with
reclusion perpetua, or whose sentences were
reduced to reclusion perpetua by reason of
Republic Act No. 9346 enacted on June 24, 2006,
amending Republic Act No. 7659 dated January 1,
2004; and
13. Those convicted for violation of the laws on
terrorism, plunder and transnational crimes."
PURPOSE: To uplift and redeem valuable human
material, and prevent unnecessary and excessive
deprivation of liberty and economic usefulness.

Penalties shall not be standardized but fitted as far as is

possible to the individual, with due regard to the
imperative necessity of protecting the social order
(People v. Ducosin, 59 Phil 109).
1. Executive Clemency
2. Pardon
3. Amnesty
4. Reprieved
5. Commutation of Sentence
WHAT IS EXECUTIVE CLEMENCY?

It shall refer to Absolute Pardon,

Conditional Pardon with or without Parole
conditions and Commutation of Sentence as
may be granted by the President of the
Philippines upon the recommendation of the
Board of Pardon and Parole.
 It is an act of mercy or leniency from certain
consequences of a criminal conviction, and is
exercised by the President after receipt of a
recommendation from the BPP.

Executive Clemency under the criminal

justice system is the act by an executive member
of government of extending mercy to a convicted
individual.
It is exercise by the President.

Upon the recommendation of the Board of

Pardons and Parole, s/he can grant
pardons, commute sentences, or defer the
implementation of sentences.
1. It is discretionary;
2. It may not be controlled by the legislature or reversed by
the courts unless there is violation of the Constitution; and
3. Executive Clemency must often be requested by
application or petition before it is granted. In most
jurisdictions, these applications first must be filed with a
reviewing agency such as the state board of pardon and
parole before being seen by the appropriate government
head.
1. When there is real doubt about the guilt of the
party.
2. When the sentence given is Apparently
excessive
3. When the party is a political or personal friend of
the President.
3. To clear the record of some who has
demonstrated rehabilitation or public service.
A. the age of the petitioner, the gravity of the
offense and the manner in which it was committed,
and the institutional behavior or conduct and
previous criminal record, if any;

B. evidence that petitioner will be legitimately

employed upon release;
C. a showing that the petitioner has a place where
he will reside;

D. availability of after-care services for the

petitioner who is old, seriously ill or suffering from
a physical disability;
E. attitude towards the offense and the degree of
remorse; and,

F. the risk to other persons, including the victim,

his witnesses, his family and friends, or the
community in general, the possibility of retaliation
by the victim, his family and friends.
1. youthful offenders;
2. prisoners who are sixty (60) years old and
above;
3. physical disability such as when the prisoner is
bedridden, a deaf mute, a leper, a cripple or is
blind or similar disabilities;
4. serious illness and other life-threatening
disease as certified by a government physician;
5. those prisoners recommended for the grant of
executive clemency by the trial/appellate court as
stated in the decision;

6. alien prisoners where diplomatic considerations

and amity between nations necessitate review;
5. those prisoners recommended for the grant of
executive clemency by the trial/appellate court as
stated in the decision;

6. alien prisoners where diplomatic considerations

and amity between nations necessitate review;
1. Name of the prisoner
2. Age
3. Previous criminal record
4. Whether a Filipino citizen or an alien and, if a
naturalized Filipino, his former nationality and date
of naturalization,
5. Previous occupation
6. Place of residence
7. Present crime for which he was convicted,
8. Trial/Appellate court,
9. His penalty of imprisonment, fine, indemnity and
the commencing date thereof
10. Jail or prison to which he was committed and/or
where he is presently confined
11. Date he was received for confinement
12. Grounds upon which executive clemency is
being asked and certification from the trial court that
his case is not on appeal.
 Prisoners who escaped or evaded service of
sentence are not eligible for executive clemency for
a period of one (1) year from the date of their last
recommitment to prison or conviction for evasion of
service of sentence.
 It is a form of executive clemency granted by
the President of the Philippines as a privilege to a
convict as a discretionary act of grace.
A pardon is the remission of a penalty. It is an
act of grace or forgiveness that relieves the person
pardoned from some or all of the ramifications of
lawful punishment. A pardon may be conditional or
unconditional.
 A pardon may be conditional or unconditional.
Pardons do not erase or seal a conviction; a pardon
forgives guilt. It vested to the Chief Executive (The
President) as a matter of power.

Pardon is “an act of grace, proceeding from the

power entrusted with the execution of the laws, which
exempts the individual, on whom it is bestowed, from
the punishment the law inflicts for a crime he has
committed.
1. It is the remission of a penalty.
2. It is an act of grace.
3. It is may be conditional or unconditional.
4. It does not erase or seal a conviction.
5. It forgives guilt either from the crime and its
penalty.
6. It is vested to the Chief Executive.
7. It is the private act but official act of the
president.
8. It is not communicated officially to the Court.
9. It is a deed, to the validity of which delivery is
essential, and delivery is not complete without
acceptance.
10. Neither the legislative nor the judiciary branch
of the government has the power to set conditions
or establish procedures for the exercise of this
Presidential prerogative.
1. Absolute Pardon-It refers to the total extinction of
the criminal liability of the individual to whom it is
granted without any condition whatsoever and restores
to the individual his civil rights and remits the penalty
imposed for the particular offense of which he was
convicted.

PURPOSE:
1. To right a wrong
2. To normalize a tumultuous political situation.
 Absolute Pardon is also granted by a
President to an imprisoned president the incumbent
has deposed.
Absolute Pardon is granted in order to restore
full political and civil rights to convicted persons who
have already served their sentenced and have
reached the prescribed period for the grant of
Absolute Pardon.
2. Conditional Pardon -It refers to the exemption of
an individual, within certain limits or conditions; from
the punishment that the law inflicts for the offenses
he has committed resulting in the partial extinction of
his criminal liability.
It is also granted by the President of the
Philippines to release an inmate who has been
reformed but is not eligible to be released on parole.
1. The very essence of a pardon is forgiveness or
remission of guilt.
2. Pardon implies guilt. It does not erase the fact of
the commission of the crime and the conviction
thereof.
3. It does not wash out the moral stain. It involves
forgiveness and not forgetfulness.
4. A pardon looks to the future. It is not
retrospective. It makes no amends for the past.
 The power to pardon, which is a form of
executive clemency, is given to the President under
Section 19, Article aVII of the Constitution. It reads:
Except in cases of impeachment, or as otherwise
provided in this Constitution, the President may
grant reprieves, commutations, and pardons, and
remit fines and forfeitures, after conviction by final
judgment.
 Probation and pardon are not the same. Probation
is “a disposition under which a defendant, after
conviction and sentence, is released subject to
conditions imposed by the court and to the supervision of
a probation officer.”
The suspension of the sentence under probation
simply postpones the judgment of the court temporarily
or indefinitely, but the conviction and liability following it,
and the civil disabilities, remain and become operative
when judgment is rendered.
WHAT IS AMNESTY?

A general pardon extended to a group of

persons, such a political offenders purposely to
bring about the return of dissidents to their home
and to restore peace and order in the community.
It Is generally exercised by the Chief Executive
with the concurrence of congress.
 It is an act of sovereign power granting oblivion
or general pardon for past offense and rarely, if ever,
exercised in favor of single individual is usually
exerted in behalf of certain classes of person who are
subjected to trial but not have been convicted.

NOTA BENE: Amnesty can be availed of before,

during and after the trial of the case, even after
conviction.
1. As to the number of those who can avail:
Pardon includes any crime and is exercised
individually by the Chief Executive, while amnesty
is a blanket pardon granted to a group of prisoners,
generally political prisoners.

2. As to the Time to Avail: Pardon is exercised

when the person is already convicted, while
amnesty maybe given before trial or investigation
is done
3. As to the Consent of Congress: Pardon is granted
by the Chief Executive and such as private act, which
must plead and proved by the person pardoned
because the court takes no choice thereof.

4. As to the Effect: Pardon is an act of forgiveness,

i.e. it relieves the offender from the consequences of
the offense, while amnesty is an act of forgetfulness
5. As to the Crime committed: Pardon is granted
for infractions of the peace of the State while
amnesty, for crimes against sovereignty of the
state (ex. political offense)
 Amnesty Pardon
Granted for political Granted for any
offenses offense
Granted to classes of Granted to individuals
persons or
communities
May be granted at any Granted after final
Need not be accepted Must be accepted
Requires the concurrence Does not need the
of congress concurrence of congress

Public act which the court Private act which must

may take judicial notice be pleaded and proved
by the person pardoned
Looks backward and Looks forward and
puts the offense relieves the
into oblivion offender from the
consequences of
his offense
 The act of the president changing, reducing
or mitigating a heavier sentence to a lighter one or
a longer term into a shorter term. It may alter
death sentence to life sentence or life sentence to
a term of years.
It does not forgive the offender but merely to
reduce the penalty pronounce by the court.
 It is a change of the decision of the court
made by the Chief Executive by reducing the degree
of the penalty inflicted upon the convict, or by
decreasing the length of the imprisonment of the
original sentence.
A commutation of sentence takes place when
the sentence, generally one of imprisonment, is
reduced to a lesser penalty or jail term. This type of
clemency does not void the conviction.
1. When the convict sentenced to death is over 70
years of age;

2. When ten justices of the Supreme Court failed

to reach a decision for the affirmation of the death
penalty;
1. At least one half (1/2) of the minimum of his
indeterminate and/or definite prison term or the
aggregate minimum of his determinate and/or
prison terms;
2. At least ten (10) years for prisoners sentenced
to one (1) reclusion perpetua or one (1) life
imprisonment, for crimes/offenses not punishable
under Republic Act 7659 and other special laws;
3. At least twelve (12) years, for prisoners whose
sentences were adjusted to forty (40) years in
accordance with the provisions of Article 70 of
the Revised Penal Code, as amended;
4. At least fifteen (15) years for prisoners
convicted of heinous crimes as defined in
Republic Act 7659 committed on or after January
1, 1994 and sentenced to one (1) reclusion
perpetua or one (1) life imprisonment;
5. At least seventeen (17) years for prisoners
sentenced to two (2) or more reclusion perpetua
or life imprisonment even if their sentences were
adjusted to forty (40) years in accordance with
the provision of Article 70 of the Revised Penal
Code, as amended;
6. At least twenty (20) years, for those sentenced
to death which was automatically commuted or
reduced to reclusion perpetua.
 Reprieve, in criminal law, the temporary
suspension of a sentence, such as a stay of
execution, granted a person convicted of a
capital crime.

A reprieve is usually granted by the

sovereign or chief executive and also, in the
United States, by the governor of a state.
 It is a postponement of sentence or temporary
stay of the execution of sentence especially the
execution of the death sentence. Generally,
Reprieve is extended to prisoners sentenced to
death.
The date of execution of sentenced is set back
several days to enable the Chief to study the petition
of the condemned man for commutation of
sentenced or pardon.
 The purpose of the reprieve is generally to
allow an investigation into the legality of the
conviction or into alleged newly discovered evidence
in favor of the convicted person.

A reprieve delays an execution but, unlike a

pardon or a commuted sentence, does not negate a
sentence unless the reinvestigation shows that the
prisoner has been unjustly tried or sentenced.
GCTA – is a privilege granted to a
prisoner that shall entitle him to a
deduction of his term of imprisonment.
Under Art.97, RPC, the GCTA are:

1. 5 days per month during the first 2 years of

imprisonment
2. 8 days per month during the 3rd to 5th years of
imprisonment
3. 10 days during the following years until the 10th
years of imprisonment
4. 15 days during the 11th and successive years
 A deduction of 1/5 of the period of the
sentence of any prisoner who evaded the service
of sentence on the occasion of disorders due to
conflagrations, earthquakes, or other calamities
shall be granted if he returns to authorities within
48 hours after the president declared that the
calamity is over.

- Once granted hall not be revoked.

 Title and Scope of the Decree. — This
Decree shall be known as the Probation Law of
1976. It shall apply to all offenders except those
entitled to the benefits under the provisions of
Presidential Decree numbered Six Hundred and
three and similar laws.
Purpose. — This Decree shall be interpreted so as to:

1. promote the correction and rehabilitation of an

offender by providing him with individualized
treatment;
2. provide an opportunity for the reformation of a
penitent offender which might be less probable if
he were to serve a prison sentence; and.
3. prevent the commission of offenses..
Sec. 5. Post-sentence Investigation. — No person
shall be placed on probation except upon prior
investigation by the probation officer and a
determination by the court that the ends of justice
and the best interest of the public as well as that of
the defendant will be served thereby..
Section 4 of Presidential Decree No. 968, otherwise known
as the Probation Law of 1976, is hereby amended to read
as follows:

Grant of Probation. Subject to the provisions of this

Decree, the court may, after it shall have convicted and
sentenced a defendant but before he begins to serve his
sentence and upon his application, suspend the execution
of said sentence and place the defendant on probation for
such period and upon such terms and conditions as it may
deem best.